Subject to the terms and conditions of the Creative Commons Attribution-Share Alike License, you retain all of your ownership rights in your Posts and are responsible for protecting those rights.
IWO will own any IWO content or other materials, and any IWO marks and logos contained on the Site. Subject to your rights in the content of your Posts, IWO will own any improvements made to the Site, even is such improvements are based on your suggestions, feedback or activities.
Certain functions of the Site may be restricted to authorized users or require you to provide personal information, and/or create a password-protected account. When creating your account, you must provide accurate and complete information. It is your responsibility to maintain the accuracy of any information provided to IWO. You are solely responsible for maintaining the confidentiality of your password and your account information, and agree to terminate your password or notify IWO if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. You agree that you are responsible for all activities that occur under your account, including without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities.
You will defend, indemnify and hold harmless IWO, its directors, officers, employees, subsidiaries and affiliates ("IWO Affiliates") from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings ("Claims") made or brought by any third party against any IWO Affiliate, including without limitation reasonable legal fees and expenses, in connection with
- your breach of this Agreement;
- any Claim associated with your Posts; and
- your use of the Site or the use of the Site by any person using your screen name, account or password.
IWO shall provide you with prompt notice of any Claim and an opportunity to defend the Claim, provided that IWO (A) may participate at your expense in any defense and settlement discussions; and (B) will have the right to approve any settlement agreement purporting to bind IWO. In addition, IWO may, at your expense, take full control of the defense of any Claim if IWO believes that you have not defended such Claim in a reasonable and diligent manner, and that such failure may result in adverse consequences for IWO.
, which is incorporated into this Agreement by reference.
7. Termination; Content Removal and Retention.
IWO reserves the right to refuse or terminate service to anyone at any time without notice for any reason. IWO's termination of service and therefore this Agreement shall not be deemed an election of remedies, and all other remedies provided by this Agreement, or available at law or in equity shall survive termination. The provisions of Sections 1.2, 1.3, 1.4, 2.4, 3, 4, 5, 6, 7, 8, 10, 11 and 12 will survive termination of service and this Agreement. IWO reserves the right at all times to remove or refuse to distribute any content on the Site. You agree that IWO has no responsibility or liability for the deletion of, or the failure to store or to transmit any Posts. IWO also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of IWO, its Users and the public. IWO will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
8. Third Party Interaction.
This Site contains links to and otherwise references third party websites that are not affiliated with IWO. You may enter into correspondence with, purchase goods and/or services from, or participate in promotions on such unaffiliated websites. Unless otherwise stated in writing by IWO, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. IWO does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of third party content or any Post. You acknowledge that any use, access to, or reliance on third party content, websites or Posts is at your own risk.
9. Copyrights and Copyright Agents.
IWO RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. IWO USERS CAN REMOVE UNAUTHORIZED CONTENT THAT BELONGS TO THAT USER BY SIMPLY REMOVING THAT CONTENT USING THE EDIT FEATURE OR BY FLAGGING THE CONTENT FOR REMOVAL. IWO HAS TAKEN ALL RESONABLE MEASURES TO RESPECT THE LAWS OF SPAIN WHERE IWO IS HOSTED. ALTHOUGH NOT REQUIRED, WE HAVE TAKEN STEPS TO ADOPT THE DMCA PROTOCOL SO THAT CONTENT OWNERS MAY REQUEST REMOVAL OF MATERIAL THEY BELEIVE INFRINGES THEIR RIGHTS.
YOU CAN PROVIDE IWO'S COPYRIGHT AGENT WITH SUBSTANTIALLY THE FOLLOWING INFORMATION:
- A Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a file infringes your copyrights.
- A description of the material that you claim is infringing and information sufficient to establish where it is located on the website, which information should include the complete URL associated with each file, image or video. To delete files from IWO index, IWO requires an accurate means by which to identify potentially infringing files.
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
IWO's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
- IWO RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF IWO USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
- IWO HAS IMPLEMENTED A BLACKLIST SYSTEM FOR EXTERNAL LINKS. ONCE A LINK IS REPORTED AND BLACKLISTED, ANY ATTEMPT TO PLACE SUCH CONTENT ON IWO WILL BE BLOCKED.
10. Disclaimer of Warranty.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. IWO MAKES THE SITE AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. IWO DOES NOT WARRANT THAT THE SITE WILL FUNCTION ERROR-FREE OR WITHOUT INTERRUPTION. IWO MAKES AVAILABLE THE SITE AND THE CONTENT ON THE SITE "AS IS" AND DOES NOT WARRANT (I) ANY MATERIAL AVAILABLE ON IWO OR PROVIDED TO IWO BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO USER POSTS; (II) THAT MATERIAL AVAILABLE ON THE SITE WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY; (III) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE SITE; (IV) THAT IWO CAN PREVENT UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION PROVIDED TO IWO, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE DISCLAIMERS IN THIS SECTION 10 WILL APPLY EVEN IF ANY WARRANTY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IF IWO CANNOT DISCLAIM A WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
11. Disclaimer of Liability.
11.1 Liability Limit.
IWO CLAIMS NO OWNERSHIP OR CONTROL OVER ANY POST SUBMITTED, POSTED OR DISPLAYED ON THE SITE. IWO DOES NOT REVIEW, CONTROL OR MONITOR CONTENT OR POSTS PLACED BY USERS AND HEREBY DISCLAIMS ANY LIABILITY FOR THE SAME. IWO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR USE OF THE SITE OR YOUR DISPLAYING, COPYING, DOWNLOADING OR DISTRIBUTING ANY INFORMATION OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO USER POSTS.
11.2 Consequential Damages.
IN NO EVENT WILL IWO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION OR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
11.3 Additional Rights.
THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITATION ON LIABILITY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTIAN LIABILITIES, SO SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF IWO CANNOT DISCLAIM A LIABILITY, THE DURATION AND SCOPE OF SUCH LIABILITY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
You may not assign this Agreement, in whole or in part, or your rights or obligations under this Agreement, without IWO's prior written consent. Any attempt by you to assign this Agreement other than as permitted above will be null and void. IWO may assign its rights or obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
12.2 Governing Law.
Any action related to this Agreement will be governed by Romanian law (Romanian Civil Procedure Code), without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Prahova, Romania, for the resolution of all disputes arising from or related to this Agreement and/or your use of IWO Sites.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
12.4 Email Notification.
You hereby consent to receive notification from IWO of all notices to the email address that you provide to IWO.
You acknowledge that IWO will report to law enforcement authorities any actions that may be considered illegal. When requested, IWO will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.
If you have any questions concerning this Agreement, please contact IWO using the contact form to Contact contact us